Civil liability solicitors in Barcelona
At Ajuridic we claim for loss caused by third parties and we also defend those on the receiving end of a claim, against individuals, companies and insurance companies.
Carrer del Freser, 104 · El Clot (Sant Martí), 08026 Barcelona. We advise in Spanish, Catalan, English and Arabic (Arabic by prior appointment); Filipino on request, booking an appointment in advance.
What the firm does in civil liability matters
Civil liability is the obligation to make good the harm caused to someone else. That technical name covers very different situations: a water leak that ruins the flat below, a fall in a shop, a dog bite, a professional job badly done or a contract that has been breached. There is nearly always an insurance policy behind it, and at that point the matter stops being an argument between neighbours or between companies and becomes a file that is resolved with documents.
At Ajuridic we work both sides of the file: we claim for those who have suffered the loss and we defend those on the receiving end of an unfounded or disproportionate claim, a position more common than it seems among residents' associations, professionals, shops and small businesses.
- An initial assessment of viability: who is liable, under what cover and what evidence there actually is.
- Reviewing the applicable policy: limits per claim and per year, excesses, exclusions and limiting clauses.
- Quantifying the actual loss, the loss of profit and, where appropriate, the non-financial loss.
- A formal demand by burofax (recorded delivery with certified content) to the liable party and their insurance company.
- Exercising the injured party's direct right of action against the insurer of the person at fault.
- Damage in the home and between neighbours: leaks, damp, fires and the common parts of the residents' association.
- Falls and accidents in premises, shops, car parks and on the public highway.
- Damage caused by pets.
- Professional and business civil liability.
- Defending civil claims and claims whose amount does not match the loss that has been evidenced.
- Negotiating settlements and drafting the settlement agreement, with particular care over the scope of what is being given up.
- Court claim, legal representation in the civil proceedings and enforcement of the judgment.
The case is conducted by Noemí Ampurdanés Parés, a solicitor registered with the ICAB under no. 22359, with over 30 years in practice. You can see her personal profile of the firm's principal at noemiampurdanes.com.
Contractual and non-contractual liability
The first decision in any claim is which route to take, because the time limit, what has to be proved and who is sued all depend on it. The difference is easy to state: if there was a contract between the parties and the loss arises from its breach, the route is contractual; if there was no prior relationship and the loss results from a third party's fault or negligence, the route is non-contractual.
| Contractual | Non-contractual | |
|---|---|---|
| Origin of the loss | Breach of an existing contract between the parties. | A negligent or careless act or omission with no prior relationship. |
| Common examples | Work badly done, a service not provided, tenancies, sales and purchases. | A fall in a shop, a leak between neighbours, being knocked down, damage caused by an animal. |
| General time limit | Five years for personal actions with no special time limit. | One year from when the injured party becomes aware of the loss. |
| What has to be evidenced | The contract, the breach and the loss suffered. | The conduct, the loss and the causal link between the two. |
The table is a guide and does not exhaust the question: there are special regimes with rules of their own — road traffic, defective products, the state liability of public authorities — and situations in which someone other than the person who physically caused the damage is liable, such as a company for the acts of its employees. Determining which regime applies is one of the points at which the firm gets involved before the first step is taken.
How the claim is handled, step by step
Every matter takes its own course, but a civil liability claim almost always follows this sequence. Knowing where you stand avoids rushed decisions and, above all, signing too early.
-
First appointment and assessment of the case
We go through what happened, the evidence available and the documents provided, and explain frankly what can be claimed, by which route and with what difficulties.
-
Securing the evidence
Damage deteriorates, gets repaired or disappears. Before anything else it is documented: photographs, reports, invoices, witnesses and, where the matter justifies it, an expert report.
-
Identifying the liable party and their insurance
We establish who is liable and under which policy. In damage between neighbours or in residents' associations there is often more than one company involved, and it is worth knowing that from the outset.
-
Out-of-court claim
A formal demand is sent to the liable party and their insurer. That letter formally opens the negotiation and interrupts the limitation period.
-
Negotiation and assessment of the offer
A good proportion of cases are settled here. The offer is compared item by item with what the documents evidence, and a settlement is only recommended if it covers that. The final decision is always the client's.
-
Court claim and hearing
If there is no agreement, the claim is prepared for the court with jurisdiction and the firm takes on the conduct of the case, with a procurador, through to judgment.
-
Enforcement
A judgment in your favour is not always complied with voluntarily. If it is not, we apply for it to be enforced.
What it is worth gathering before the first appointment
The more complete the file is from the outset, the less room there is for argument later. You do not need to have everything: the firm requests the rest.
- An account of what happened with the date, time and place, and the details of the person or company said to be responsible.
- Photographs and videos of the damage, taken as soon as possible and before any repairs.
- Quotes and invoices for repair, replacement or cleaning.
- A&E reports, medical reports and sick notes, if there were injuries.
- Evidence of the earnings or income lost.
- Your own insurance policy, whether home, business or professional, and its particular conditions.
- All the correspondence with the other side and with the insurers, including emails and messages.
- For residents' associations: minutes of the general meeting, the managing agent's reports and quotes for the works.
- The contract, instructions or invoice for the service, where the loss arises from a contractual relationship.
- Contact details of eyewitnesses.
A practical note
Many home, business and motor policies include legal defence cover and the right to appoint a lawyer of your own choosing. It is worth checking the particular conditions before assuming that the insurer imposes the lawyer: that cover exists and is usually underused.
Time limits and warnings worth knowing about
The time limit is the first trap in this area, because it varies according to the route taken. A claim for culpa extracontractual (non-contractual fault, the equivalent of tort) is generally time-barred after one year, and that year does not necessarily run from the event itself, but from the moment the injured party becomes aware of the damage and its extent; with continuing damage or damage that appears late — damp, construction defects, injuries that develop over time — the calculation may shift. Claims arising from a contract have a wider general time limit, of five years, unless the law sets a special one. And there are matters with rules of their own. That is why it is never wise to write a case off on the basis of the calendar without checking.
The limitation period is interrupted by a formally recorded claim. A properly addressed burofax (a postal service letter that certifies its content, date and delivery) leaves a record of the content, the date and the receipt, and restarts the clock; a phone call or an email without acknowledgement of receipt does not do the same. Where there are personal injuries, moreover, the valuation should not be closed while the medical picture is still developing.
Three warnings that come up again and again at the firm. Do not repair the damage without documenting it first, because afterwards it is almost impossible to prove its extent. Do not sign a finiquito (the final settlement document) or full-and-final settlement receipts without reading what is being waived, since they are usually drafted with a far wider scope than the injured party believes. And for anyone on the receiving end of a claim: report the incident to your own insurer within the period set by the policy, and do not admit liability before the file has been reviewed.
As for the amount, there is no fixed compensation scale for general civil liability. What is quantified is the loss actually proved and, where there is physical injury, the courts frequently turn to the baremo de tráfico (the statutory scale for road traffic injuries) as a guideline. Any figure given in advance, without seeing the reports and the invoices, is guesswork.
Please note
This page describes in general terms how the firm works and is not a substitute for legal advice. Time limits, the applicable regime, liability and the valuation of the damage depend on the circumstances of each case and on the documentation available, and no claim allows an outcome to be guaranteed. Contact us to find out what applies in your situation.
Related practice areas and blog guides
Civil liability is the backbone of several of the firm's practice areas. These are the ones it overlaps with most.
Road traffic accidents
Civil liability arising from road traffic has a regime and a compensation scale of its own, with a mandatory reasoned offer from the insurer.
Go to the practice areaMedical negligence
Medical civil liability: the claim differs according to whether the centre is private or public, and expert evidence is decisive.
Go to the practice areaWills, probate and inheritance
Outstanding debts and liabilities also form part of the estate, and determine how an inheritance should be accepted.
Go to the practice areaGuides published on the blog
- Civil liability insurance: what it covers and how to make a claim
- Civil contracts and claims: breach, available routes and damages
- Road traffic accidents in Barcelona: a guide to claiming compensation
- Medical negligence in Barcelona: how to bring a claim
- Electric scooters in Barcelona: legal obligations and fines
Frequently asked questions about civil liability
How long is there to bring a civil liability claim?
It depends on the route. If the damage arises from a contract, the general limitation period for personal actions is five years; if there was no prior relationship between the parties, a claim for culpa extracontractual is generally time-barred one year after the injured party became aware of the damage. There are special rules depending on the subject matter, and a formally recorded demand interrupts the limitation period: it is worth checking the specific time limit before giving the case up for lost.
Can you claim directly from the liable party's insurer?
Yes. Spanish insurance contract legislation gives the injured party a direct action against the company covering the wrongdoer's civil liability, without that person having to agree. Beforehand it is worth knowing the policy limits, the excess and the exclusions, because they determine how far the cover reaches and what part the liable party would have to meet out of their own assets.
What happens if the person liable has no insurance or refuses to pay?
A claim is still possible: it is brought against the liable party personally and, if they do not comply with the demand, it goes to court and, where appropriate, to enforcement of the judgment against their assets. It is worth assessing their solvency first, because that determines the real prospects of recovery. In road traffic matters there are also specific mechanisms, such as the Consorcio de Compensación de Seguros (Spain's insurance compensation fund).
Can you claim for non-financial loss as well as financial loss?
Non-pecuniary damage is compensated, but it is not presumed: it must be pleaded and proved. It is claimed alongside daño emergente (the loss actually suffered) and lucro cesante (the earnings lost). The valuation relies on medical or expert reports and on guideline criteria such as the baremo de tráfico, which the courts apply by analogy in other areas.
What should you do if you are the one on the receiving end of a claim?
Report the incident to your own insurer within the period set by the policy, and do not admit liability or sign documents before a lawyer has reviewed the file. At Ajuridic we also take on this side of a case: disputing fault, causation or the amount claimed, and checking that the insurer is providing the legal defence the policy covers.
Contractual or non-contractual: the time limit is not the same
Two free tools to check how long you have to claim and what to gather beforehand.
Time limit checker
Eleven time limits covering fines, employment, damage claims and inheritance. Enter the start date and it shows the deadline for acting and how many days are left.
Check a time limitDocument checklist
The list of papers for six of the firm's procedures, tickable and printable, so you arrive at the first consultation with the file already checked.
Open the checklistTell us what happened
Whether you are bringing a claim or facing one, the sooner the evidence is put in order and a position is settled, the better. The firm is at Carrer del Freser, 104, in El Clot, and handles matters in the city of Barcelona and the surrounding area and throughout Spain.